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(b) substantially prevents competition among those suppliers in its territory. Article 8.12 Business Practices 1. The Parties recognise that certain business practices of service suppliers, other than those falling under Article 8.11 (Monopolies and Exclusive Service Suppliers), may restrain competition and thereby restrict trade in services. 2. A Party shall, at the request of the other Party, enter into consultations with a view to eliminating practices referred to in paragraph 1. The Party addressed shall accord full and sympathetic consideration to such a request and shall cooperate through the supply of publicly available non-confidential information of relevance to the matter in question. The Party addressed shall also provide other information available to the requesting Party, subject to its domestic law and to the conclusion of satisfactory <strong>agreement</strong> concerning the safeguarding of its confidentiality by the requesting Party. Article 8.13 Safeguard Measures 1. The Parties note that multilateral negotiations pursuant to Article X of GATS on the question of emergency safeguard measures are based on the principles of non-discrimination. Upon the conclusion of such multilateral negotiations, the Parties shall conduct a review for the purpose of discussing appropriate amendments to this Agreement so as to incorporate the results of the multilateral negotiations. 2. In the event that the implementation of this Agreement causes substantial adverse impact to a service sector of a Party before the conclusion of the multilateral negotiations referred to in paragraph 1, the affected Party may request for consultations with the other Party for the purposes of discussing any measure with respect to the affected service sector. Any measure taken pursuant to this paragraph, including the duration for which the measure shall apply, shall be mutually agreed by the Parties concerned. The Parties concerned shall take into account the circumstances of the particular case and give sympathetic consideration to the Party seeking to take a measure. Article 8.14 Subsidies 1. Notwithstanding Article 8.1 (Scope and Coverage), the Parties shall review the issue of disciplines on subsidies related to trade in services in the light of any disciplines agreed under Article XV of GATS, with a view to their incorporation into this Chapter. 2. The Parties recognise that, in certain circumstances, subsidies or grants may have distortive effects on trade in services. Any Party which considers that it is adversely affected by a subsidy or grants of the other Party may request 57
consultations with that Party on such matters. Such request shall be accorded sympathetic consideration. 3. The provisions of Chapter 14 (Dispute Settlement) shall not apply to any requests made or consultations held under the provisions of this Article or to any disputes that may arise <strong>between</strong> the Parties out of, or under, the provisions of this Article. Article 8.15 Payments and Transfers 1. Except under the circumstances envisaged in Article 12.4 (Measures to Safeguard the Balance of Payments) a Party shall not apply restrictions on international transfers and payments for current transactions relating to its specific commitments. 2. Nothing in this Chapter shall affect the rights and obligations of the Parties as members of the International Monetary Fund under the Articles of Agreement of the Fund, including the use of exchange actions which are in conformity with the Articles of Agreement, provided that a Party shall not impose restrictions on any capital transactions inconsistently with its specific commitments regarding such transactions, except under Article 12.4 (Measures to Safeguard the Balance of Payments) or at the request of the Fund. Article 8.16 Denial of Benefits 1. Subject to prior notification and consultation, a Party may deny the benefits of this Chapter: (a) to the supply of a service, if it establishes that the service is supplied from or in the territory of a country that is not a Party to this Agreement; (b) in the case of the supply of a maritime transport service, if it establishes that the service is supplied: (i) by a vessel registered under the laws of a non-Party; and (ii) by a person which operates and/or uses the vessel in whole or in part but which is of a non-Party; (c) to the supply of a service from or in the territory of the other Party, if the Party establishes that the service is supplied by a service supplier that is owned or controlled by a person of a non-Party and the denying Party: (i) does not maintain diplomatic relations with the non-Party; or (ii) adopts or maintains measures with respect to the non-Party that prohibit transactions with the juridical person, or through other 58
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COMPREHENSIVE ECONOMIC COOPERATION
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List of Annexes Annex 2-1 Schedules
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CHAPTER 1 INITIAL PROVISIONS AND GE
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(CC) any area extending beyond the
Page 9 and 10: Article 2.7 Administrative Fees and
Page 11 and 12: For the purposes of this Chapter: C
Page 13 and 14: (g) goods of sea-fishing and other
Page 15 and 16: (b) for goods falling within Chapte
Page 17 and 18: (iii) the goods have not undergone
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Page 21 and 22: (b) provide for advance electronic
Page 23 and 24: (a) whether goods imported into the
Page 25 and 26: For the purposes of this Section: C
Page 27 and 28: 9. On the termination of a bilatera
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Page 35 and 36: areas are, and are likely to remain
Page 37 and 38: (b) in the event that the checks re
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Page 43 and 44: 2. The Parties shall cooperate with
Page 45 and 46: 3. The Parties shall seek to ensure
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Page 49 and 50: technical consultations within thir
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Page 89 and 90: of restrictions to ensure, inter al
Page 91 and 92: (b) such persons are afforded a rea
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Page 97 and 98: Article 14.10 Proceedings of Arbitr
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Annex 2-1 Schedules of Tariff Commi
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(i) Category 1: reduction of applie
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3. For tariff lines subject to spec
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Schedule of Tariff Commitments Mala
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“RVC(XX)” means that the good m
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Column 1 Column 2 Column 3 Column 4
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(CC) factory security (DD) insuranc
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(c) the other statements of the CO
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(b) For multiple goods declared und
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(v) the Issuing Authority receiving
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(ii) the exporter has sold the good
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OVERLEAF NOTES Original /Duplicate
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Annex 6-1 (List of Products for Req
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Annex 7-2 Mutual Recognition Agreem
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Modes of supply: 1) Cross-border su
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- the capability of implementing in
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Annex 8-1 Schedule of Malaysia Expl
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(d) cost-oriented rates means based
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3. Access to and Use of Public Tele
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4.3 Each Party shall endeavour to e
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(b) Options for Interconnecting wit
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links and submarine cable capacity
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services, unless the requirement is
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Business Visitors ANNEX 9-1 (a) Mal
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(ii) documentation demonstrating th
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Annex 12-1 Security Exceptions The
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